The Border Patrol swoops in on a domestic ferry run
Last week, cars and passengers disembarking the San Juan Islands route at Anacortes were met by feds who inquired about everyone's citizenship. Normally, no big deal. But this checkpoint was for a boat that had not been to Canada. The government isn't saying much about it, but islanders are buzzing.
When Brendan Cowan boarded the 8:05 a.m. ferry at Friday Harbor, Wash., one day late last month, there was a little something extra waiting for him and his fellow passengers at the end of the the route in Anacortes, courtesy of the U.S. Border Patrol.
On that day, all vehicles were channeled through lanes normally reserved for international travelers so that Border Patrol agents could ask if they were U.S. citizens.
Islanders are used to being routed through Customs when they board vessels that had originated in British Columbia. But Cowan's ride on Jan. 24 was a domestic run, and in seven years of island living he had never before encountered it.
"They didn't ask me to produce proof," Cowan recalled, who affirmed he was American, and was then waved through. The agent "called it a 'citizen check.'"
The short-lived checkpoint did not stem from any specific information regarding a threat but, rather, was "part of a comprehensive tactical portfolio," according to Blaine-based Border Patrol spokesperson Joe Giuliano. Anacortes, he said, is a location with "a history of individuals and/or contraband arriving illegally on the islands and using this particular ferry run to further their entry to the mainland."
Giuliano said he has received several media inquiries and a number of calls from citizens regarding the screening. He described all the citizen calls as "neutral or positive."
That may not be a completely accurate description, though, of how citizens actually felt. One islander who asked for anonymity said, "Everyone I've talked to here sees it as a bit shocking and surprising."
In addition, the American Civil Liberties Union of Washington said it has received a complaint "from at least one person."
Giuliano said his agency had previously staged similar checkpoints at Anacortes on domestic runs, and that it routinely gives advance notice to state ferry officials.
But Washington State Ferries spokesperson Susan Harris-Huether said the state has no record of the Border Patrol informing them about last month's surprise appearance. They "simply showed up," said Harris-Huether, adding that ferry personnel in Anacortes also told her they had "no record of them having previously done this for domestic traffic – they don't remember this happening before."
That squares with the feedback Cowan sought after he emailed some 20 island buddies who have collectively lived on the island about 350 years. Without exception, no one could recall a similar screening at Anacortes for a domestic sailing, he said.
On the same ferry as Cowan was Patrick Kirby, who has lived on San Juan Island more than 20 years and was likewise surprised by the checkpoint. When asked if he was a U.S. citizen, Kirby recounted, he handed over his passport, and the agent never opened it.While Cowan and some other islanders consider the Border Patrol's sudden appearance noteworthy, they're not disputing the agency's right to set up such checkpoints.
ACLU spokesman Doug Honig said ACLU lawyers would need to know more about what happened before determining if it was legal. He added, "People who feel they are being unfairly stopped can verbally register a protest about the questioning, and it's usually wise to do so politely."
According to Giuliano:
The courts have long held that such checkpoints, no matter the manner of conveyance involved, are legal and proper so long as some essential conditions are met. Among them are that there must be a nexus to the international border; that they must be on a route that leads from the area of the border; and that they cannot be arbitrary – that is, everyone must be inspected, not just some of the travelers at the whim of the agent.
Still, Giuliano acknowledged that U.S. citizens are not obliged to carry any identification inside the country. Border Patrol agents cannot demand proof of citizenship from ferry passengers, he said, as long as they have "no reason to doubt the veracity" of their statements that they are U.S. citizens.
Asked what criteria Border Patrol agents use to determine whether a passenger's answer is credible, Giuliano said:
Agents use a combination of training-reinforced intuition, an institutional knowledge of their job and work environment, and a recognition of specific behaviors. Unfortunately, I cannot provide more specific information for publication as this would provide a tactical advantage to those of your readers who may be inclined to circumvent the law.
No one was arrested, and no contraband was seized as a result of last month's surprise screening at Anacortes, Giuliano said. He added that such checks "are intermittent and will continue. We do not publicize the precise times and dates because doing so would work to the advantage of those seeking to circumvent the law. The frequency with which we run ferry checks is determined primarily by operational need, resource availability and prioritization within our tactical portfolio."
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Comments:
Posted Fri, Feb 1, 4:31 p.m. Inappropriate
I've also experienced Border Patrol screens, pre 2001, on northbound I-5 north of San Diego, that is, deep in the USA. In case something/somebody was missed at the Tijuana crossing?
Or how about the Border Patrol roadblocks in our state just south of the USA-Canada boundary for cars going north into Canada? Seen them more than once. Not sure what they were looking for.
Finally, I've seen border patrol officers in marked cars occasionally in Whatcom County adjacent the BC border, and would now assume, based on the Crosscut story, that these officers have authority to stop cars well inside USA if warranted by facts known to the officers -- for example, something that comes up in a radioed message from the Canadian Mounties several minutes after a car is cleared through.
All this police-type activity seems to be focused on protecting our country, and Canada too for that matter. When does it become objectionably intrusive?
An occasional surprise screening at Anacortes seems pretty reasonable to me. Based on the story, emphasize very infrequent.
Posted Sun, Feb 3, 7:20 a.m. Inappropriate
Like many communities in the West, the islands have a sizable (and growing) latino population. If those being interrogated are not being required to carry identification, how then do Border Patrol agents decide who to hold? The answer of course is race.
The bottom line is that the tactics used (a cursory check) and the goals (preventing smuggling of people or materials) don't match up. Sounds like this was more about creating an atmosphere of fear and intimidation than anything else, and it's only practical goal is to perhaps rustle up a few unsuspecting illegals who were unlucky enough to be using the ferry that day.
The bigger concern is if this is part of a larger trend. Poster below is correct, if this only happens every 20 years, then so what? But, if it is the start of a pattern, it is an issue worth noting. What Giuliano doesn't say is that national politics also influence Border Patrol priorities, and that the current anti-immigrant wave sweeping our nation might be the root cause.
Maybe not, but we'll need more info that the bureaucratic double speak offered by the Border Patrol before we can have an honest dialog.
What if a similar tactic were performed on the 520 bridge as I drove to work? Or I-5 just north of Everett? The uproar would be deafening, not just for the inconvenience, but for the political implications of what was happening.
Border Patrol is smart enough to be inconveniencing people who are already conditioned to hassle and headache (regular ferry riders), and to be staying well clear of major media markets, but let's be careful about assuring ourselves this is an isolated incident and not part of a larger (and more scary) agenda.
J. Smithson
Seattle
Posted Mon, Mar 17, 10:11 p.m. Inappropriate
"Eight people, including a family four from Friday Harbor and a long-term resident of Orcas Island, were taken into custody the first week in March on possible immigration violations following back-to-back border inspections at the Anacortes ferry landing. Those eight were among passengers on three domestic-only sailings originating in the San Juans who were questioned about their citizenship upon arrival in Anacortes."
I am a 30 year resident of Orcas Island and had friends on the boat being "checked" two weeks ago. White passengers such as my friends were simply waved through the checkpoint, while ALL passengers who looked or were re suspected of being Mexican were stopped at the checkpoint. The response among Islanders is nothing short of "outraged". Perhaps Joe Giuliano of the U.S. Border Patrol hasn't received very many calls to his office denouncing the activities of his agents - rightfully so. We're frightened of the ideology that his agency represents. It is truly an assault to what generations of Islanders have worked to create - a community that will hold its own in times of turmoil, who will leave the keys in the ignition at the grocery store, who will not find it necessary to install security systems in their homes, and who will not tolerate labeling honest community members as "bad guys"... as Joe Giuliano did when addressing a local lumber mill operator of 10 years when he was arrested by Agents in Anacortes.
We live in fear of what the United States has become, the hatred and death it has created in the name of "security", and the blatant disregard of the constitution it exhibits while pursuing fictitious enemies. Nunez, the local mill operator of 10 years was ripped from his family, his wife, their 18 month old child, and their unborn child due in a few months. For over a decade he has received hand cut trees from property owners and turned it into material for them to build their homes. He is not the enemy of a single person in our community, he is not a threat, he is not a menace, he is not a criminal, nor a terrorist. To us, he is a valuable asset.
The same cannot be said for Joe Giuliano of the U.S. Border Patrol. To us, he is a state sponsored domestic terrorist, kidnapping upstanding citizens in our community and ripping cherished families apart.
For those of you who research history you may find that in the early 1930's there was a movement in Germany to "clean up" the country in which domestic checkpoints were setup throughout the land. Power was stripped from local governments and police and centralized. This is the exact same principle we are seeing here. Find a holocost survivor who remembers this time and speak with them about it. I did, and it was absolutely alarming.
And I will finish with a familiar quote from a famous politician... (see if you can guess which president it came from...)
"The National Government will regard it as its first and foremost duty
to revive in the nation the spirit of unity and cooperation. It will
preserve and defend those basic principles on which our nation has
been built. It regards Christianity as the foundation of our national
morality, and the family as the basis of national life."
Adolph Hitler, 1933 (as Chancellor)
Posted Sat, Apr 5, 5:21 p.m. Inappropriate
Border Patrol continues operations at Anacortes Ferry Terminal: March 30th the border patrol continued operations at the Anacortes Ferry Terminal. Not long ago the border patrol was requesting more funding to monitor container ships arriving in Seattle. It seems the border patrol has plenty of resources if they have the time to ask for ID from bicyclists and islanders arriving from the San Juans. Additionally, think of the resources used to process the few illegal aliens snagged at the terminal. Imagine the paperwork, time and resources spent to house, transport, and process a few housekeepers and gardeners. Certainly, the border patrol must prioritize the use of personnel, staffing those missions most important to national security first. Either the San Juans are much more dangerous than I ever imagined or our tax dollars are being wasted.
Posted Mon, Aug 25, 4:59 p.m. Inappropriate
Federal checkpoint last week near the Hood Canal Bridge: Free people should not expect to be stopped and questioned as they go about their business far from the nearest international border.
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